Decree No. 99/2020/ND-CP penalties for administrative violations in the fields of petroleum, gas trading

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ATTRIBUTE

Decree No. 99/2020/ND-CP dated August 26, 2020 of the Government on sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading
Issuing body: GovernmentEffective date:
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Official number:99/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:26/08/2020Effect status:
Known

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Fields:Administrative violation , Commerce - Advertising , Industry , Natural Resources - Environment

SUMMARY

Arbitrarily adjusting petrol and oil retail prices shall be fined up to VND 50 million

On August 26, 2020, the Government promulgates the Decree No. 99/2020/ND-CP on sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading.

Accordingly, a fine from VND 30 million to VND 50 million shall be imposed for the acts of arbitrarily adjusting petrol and oil retail prices not at the time prescribed by wholesale traders or petrol and oil distributors. Simultaneously, for cases of repeated violation or recidivism, the additional sanction of depriving of the right to use the certificate of eligibility to retail petrol and oil for a period of between 01 month and 03 months shall be imposed.

In addition, to impose a fine from VND 05 million to VND 10 million for one of the following violations involving a violated petrol and oil value of less than VND 10,000,000: Transporting petrol and oil into a border area in contravention of regulations; Trading in, exchanging or transferring alongside ships petrol and oil at sea with foreign ships, boats or vehicles.

Besides, a fine from VND 80 million to VND 100 million and the suspension of pipelined gas trading operation for a period of between 01 month and 03 months shall be imposed on pipelined gas traders failing to have gas supply stations which fully meet requirements on safety in accordance with law provisions.

This Decree takes effect on October 11, 2020.

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Effect status: Known

THE GOVERNMENT
________

No. 99/2020/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness _______________________

Hanoi, August 26, 2020

 

 

DECREE

On sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading

_________

 

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Petroleum Law dated July 06, 1993; the Law on amending and supplementing a number of articles of the Petroleum Law dated June 09, 2000, and the Law on amending and supplementing a number of articles of the Petroleum Law dated June 03, 2008;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to the Investment Law dated November 26, 2014 and the Law on amending and supplementing Article 6 of and Appendix 4 to the Investment Law regarding the list of sectors and trades subject to business investment conditions dated November 22, 2016;

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 and the Law on amending and supplementing a number of articles of the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Law on Environmental Protection dated June 23, 2014;

At the request of Minister of Industry and Trade;

The Government hereby promulgates the Decree on sanctioning of administrative violations in the fields of petroleum, petrol, oil and gas trading.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree provides for administrative violations, sanctioning forms and levels, remedial measures applied to administrative violations; competence to make written records and sanction of administrative violations in the fields of petroleum, petrol, oil and gas trading.

2. Acts of administrative violations in the fields of petroleum, petrol, oil and gas trading prescribed in this Decree including:

a) Acts of violations in the field of petroleum, exploration and exploitation of petroleum (including performing the prospecting, exploration and development of oilfield, petroleum work cleanup, construction, installation, and operation of petroleum extraction, oil refining, petrochemical, petroleum processing works, storing and transporting petroleum products and technical services directly serving the above works);

b) Acts of violating regulations on conditions for petrol and oil trading;

c) Acts violating regulations on petrol and oil trading;

d) Acts of violating regulations on gas trading conditions;

dd) Acts of violating regulations on gas trading.

3. Other acts of administrative violations in the fields of petroleum, petrol, oil and gas trading on environmental protection; standards, measurement, product and goods quality; fire prevention and fighting at petroleum works, petrol, oil and gas business establishments; price registration, declaration of petrol, oil and liquefied petroleum gas (LPG) price; disclosure of petrol, oil and gas price information, price valorization fund for petrol and oil shall comply with regulations on sanctioning of administrative violations in related state management fields.

Article 2. Subjects of application

1. Vietnamese and foreign organizations and individuals (hereinafter collectively referred to as organizations and individuals) that commit administrative violations as prescribed in this Decree in the territory of the Socialist Republic of Vietnam; persons competent to make written records of administrative violations, persons competent to sanction of administrative violations and relevant agencies, organizations, individuals.

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